As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 499


Representative Damschroder 

Cosponsors: Representatives Henne, Stinziano, Szollosi, Murray, Dovilla, Okey, Goodwin, Yuko 



A BILL
To amend section 101.15 and to enact section 101.16 1
of the Revised Code to require publication of 2
legislative committee testimony on the General 3
Assembly's web site.4


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That section 101.15 be amended and section 101.16 5
of the Revised Code be enacted to read as follows:6

       Sec. 101.15.  (A) As used in this section and section 101.16 7
of the Revised Code:8

       (1) "Caucus" means all of the members of either house of the 9
general assembly who are members of the same political party.10

       (2) "Committee" means any committee of either house of the 11
general assembly, a joint committee of both houses of the general 12
assembly, including a committee of conference, or a subcommittee 13
of any committee listed in division (A)(2) of this section.14

       (3) "Meeting" means any prearranged discussion of the public 15
business of a committee by a majority of its members.16

       (B) Except as otherwise provided in division (F) of this 17
section, all meetings of any committee are declared to be public 18
meetings open to the public at all times. The secretary assigned 19
to the chairperson of the committee shall prepare, file, and 20
maintain the minutes of every regular or special meeting of a 21
committee. The committee, at its next regular or special meeting, 22
shall approve the minutes prepared, filed, and maintained by the 23
secretary, or, if the minutes prepared, filed, and maintained by 24
the secretary require correction before their approval, the 25
committee shall correct and approve the minutes at the next 26
following regular or special meeting. The committee shall make the 27
minutes available for public inspection not later than seven days 28
after the meeting the minutes reflect or not later than the 29
committee's next regular or special meeting, whichever occurs 30
first.31

       (C) Each committee shall establish a reasonable method 32
whereby any person may determine the time and place of all 33
regularly scheduled meetings and the time, place, and purpose of 34
all special meetings. No committee shall hold a regular or special 35
meeting unless it gives at least twenty-four hours' advance notice 36
to the news media that have requested notification.37

       The method established by each committee shall provide that, 38
upon request and payment of a reasonable fee, any person may 39
obtain reasonable advance notification of all meetings at which 40
any specific type of public business will be discussed. Provisions 41
for advance notification may include, but are not limited to, 42
mailing the agenda of meetings to all subscribers on a mailing 43
list or mailing notices in self-addressed stamped envelopes 44
provided by the person who desires advance notification.45

       (D) Any action of a committee relating to a bill or 46
resolution, or any other formal action of a committee, is invalid 47
unless taken in an open meeting of the committee. Any action of a 48
committee relating to a bill or resolution, or any other formal 49
action of a committee, taken in an open meeting is invalid if it 50
results from deliberations in a meeting not open to the public.51

       (E)(1) Any person may bring an action to enforce this 52
section. An action under this division shall be brought within two 53
years after the date of the alleged violation or threatened 54
violation. Upon proof of a violation or threatened violation of 55
this section in an action brought by any person, the court of 56
common pleas shall issue an injunction to compel the members of 57
the committee to comply with its provisions.58

       (2)(a) If the court of common pleas issues an injunction 59
under division (E)(1) of this section, the court shall order the 60
committee that it enjoins to pay a civil forfeiture of five 61
hundred dollars to the party that sought the injunction and shall 62
award to that party all court costs and, subject to reduction as 63
described in this division, reasonable attorney's fees. The court, 64
in its discretion, may reduce an award of attorney's fees to the 65
party that sought the injunction or not award attorney's fees to 66
that party if the court determines both of the following:67

       (i) That, based on the ordinary application of statutory law 68
and case law as it existed at the time of the violation or 69
threatened violation that was the basis of the injunction, a 70
well-informed committee reasonably would believe that the 71
committee was not violating or threatening to violate this 72
section;73

       (ii) That a well-informed committee reasonably would believe 74
that the conduct or threatened conduct that was the basis of the 75
injunction would serve the public policy that underlies the 76
authority that is asserted as permitting that conduct or 77
threatened conduct.78

       (b) If the court of common pleas does not issue an injunction 79
under division (E)(1) of this section and the court determines at 80
that time that the bringing of the action was frivolous conduct as 81
defined in division (A) of section 2323.51 of the Revised Code, 82
the court shall award to the committee all court costs and 83
reasonable attorney's fees, as determined by the court.84

       (3) Irreparable harm and prejudice to the party that sought 85
the injunction shall be conclusively and irrebuttably presumed 86
upon proof of a violation or threatened violation of this section.87

       (4) A member of a committee who knowingly violates an 88
injunction issued under division (E)(1) of this section may be 89
removed from office by an action brought in the court of common 90
pleas for that purpose by the prosecuting attorney of Franklin 91
county or by the attorney general.92

       (5) The remedies described in divisions (E)(1) to (4) of this 93
section shall be the exclusive remedies for a violation of this 94
section.95

       (F) This section does not apply to or affect either of the 96
following:97

       (1) All meetings of the joint legislative ethics committee 98
created under section 101.34 of the Revised Code other than a 99
meeting that is held for any of the following purposes:100

       (a) To consider the adoption, amendment, or recission of any 101
rule that the joint legislative ethics committee is authorized to 102
adopt pursuant to division (B)(11) of section 101.34, division (E) 103
of section 101.78, division (B) of section 102.02, or division (E) 104
of section 121.68 of the Revised Code;105

       (b) To discuss and consider changes to any administrative 106
operation of the joint legislative ethics committee other than any 107
matter described in division (G) of section 121.22 of the Revised 108
Code;109

       (c) To discuss pending or proposed legislation.110

       (2) Meetings of a caucus.111

       (G) For purposes of division (F)(1)(a) of this section, an 112
advisory opinion, written opinion, or decision relative to a 113
complaint is not a rule.114

       Sec. 101.16. All written testimony submitted to a committee 115
shall be posted on the general assembly's web site not later than 116
ten business days after the day of the meeting for which the 117
testimony was submitted. The secretary assigned to the chairperson 118
of the committee shall submit the testimony to the clerk of the 119
senate or the clerk of the house of representatives, as 120
appropriate, or the clerk's designee, for upload not later than 121
five business days after the day of the meeting.122

       Section 2. That existing section 101.15 of the Revised Code 123
is hereby repealed.124